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Pathway

U.S. Citizenship by Birth in the U.S.

United States Citizenship
Pathway overview

At a glance

Most people born in the United States are U.S. citizens from birth. The main exception is being born to a parent who was not subject to U.S. jurisdiction, such as certain foreign diplomats.

Type
Citizenship by birth
Who it covers
Most people born in the United States and subject to US jurisdiction
Core records
Birth records plus parents' status at the time
What to know
Usually a strong right if the facts and records line up
What it gives
This route recognizes citizenship that existed from birth.
Main limit
This is not a visa, green-card, or naturalization application.

Summary

Most people born in the United States are U.S. citizens from birth under the Fourteenth Amendment and 8 U.S.C. § 1401(a). The usual exception is a child born to a foreign diplomatic officer who had full diplomatic immunity. A person's parents generally do not need to be U.S. citizens or lawful permanent residents.

In June 2026, the U.S. Supreme Court held in Trump v. Barbara that Executive Order 14160 could not deny citizenship to U.S.-born children based on their parents' unlawful or temporary immigration status. The ordinary birthright-citizenship rule therefore remains in effect.

Pathway fit check

Eligibility

You are generally a U.S. citizen from birth if:

Citizenship is also granted by federal statute to most people born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands, although the governing dates and statutes differ. Birth in American Samoa or Swains Island generally gives U.S. non-citizen national status, not U.S. citizenship, unless another citizenship rule applies.

A child born in the United States to a foreign diplomatic officer accredited to the United States may fall outside the general rule. The exception turns on the parent's diplomatic status and immunity at the time of birth, not simply on working for a foreign government.

Policy watch 1 development we’re tracking
New federal guidance could affect some birthright-citizenship cases
Enacted — not yet in effect

New federal guidance could affect some birthright-citizenship cases

Current official stage: Executive Order 14418 signed; agency implementation guidance due

The ordinary rule for most people born in the 50 states or District of Columbia has not been replaced by a general parent-status test. However, a case involving foreign-government employment or immunity, a commercial birth arrangement or alleged fraud, an alien-enemy designation, or birth in a territory requires current agency guidance and legal review before relying on the usual pathway summary.

Timing: The order was signed on 6 August 2026 and directs agency heads to publish guidance within 30 days. It does not give one uniform implementation date. Current statutes, the Supreme Court's June 2026 decision and any later court orders remain important to how the order can be applied.

Current pathway rules still apply.

Last checked White House — Executive Order 14418U.S. Supreme Court — Trump v. BarbaraU.S. Code — 8 U.S.C. section 1401
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What This Route Allows

This route recognizes citizenship that existed from birth. Citizenship allows the person to live and work in the United States without immigration permission, apply for a U.S. passport, vote when otherwise eligible, and petition for qualifying relatives under the immigration laws.

Proof normally begins with a certified state or territorial birth certificate. The State Department explains acceptable primary and secondary evidence on its passport citizenship-evidence page.

What This Route Is Not

This is not a visa, green-card, or naturalization application. A birth certificate is evidence of the birth, but unusual diplomatic, territorial, adoption, or identity facts may require additional records.

Birth in a U.S. embassy, consulate, or ordinary U.S.-registered aircraft or ship outside U.S. territory is not, by itself, birth in the United States for this rule. Citizenship may instead come through a U.S. citizen parent.

Next Steps

  1. Obtain a certified long-form birth certificate from the state or territory where the birth occurred.
  2. If the birth was in a U.S. territory, confirm the statute and effective dates for that territory.
  3. If a parent held diplomatic status, obtain the parent's diplomatic accreditation and immunity records before relying on the general rule.
  4. Use the State Department's current passport instructions to apply for proof. A person who needs a USCIS citizenship document may also review Form N-600, but should not assume that an N-600 is required for a passport.
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